LOC

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  • Created by: Sootworth
  • Created on: 24-11-16 10:21
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  • LOC
    • Partial defense to murder
      • Under Coroners&Justice act
    • Did D lose control
      • Richens
        • Not should D have lost control
        • Subjective Test
    • Fear Trigger
      • Did D fear  violence against D/indentifiableperson
        • Ward
          • Genuine even if unreasonable
            • Martin
              • Can use
          • Can use
      • Fear of future violence
        • Ahluwalia
          • Can't use
    • Anger Trigger
      • Evidence shows RM would believe things said/done
        • Feel wronged
        • DPP v Camplin
          • Can use
        • Doughty
          • Can't use
        • Extremely grave
      • Sexual Infidelity
        • V taunts D about
          • Leads to LOC
            • Clinton
          • Can use
        • See/Discuss
          • Clinton
          • Can't use
      • Considered Desire for Revenge
        • A killing is planned/retribution for hurting another
        • No plan to kill
          • D out of control
            • Despite wish to hurt V
              • Ibrams&Gregory
                • D out of control
                  • Despite wish to hurt V
                    • Ibrams&Gregory
                      • No plan to kill
                        • Can use
                    • Until V is dead
                    • Can use
                • Until V is dead
              • Provocation is enough to make RM lose control with no cooling period
                • Baille
                  • Can use
          • Delayed reaction
            • Doesn't matter
              • Dawes
            • Evidence of previous violence to D by V
              • Likely D suffered LOC from things said/done
                • up to and including the fatal blow
                  • Longer the delay, less likely to have lost control at time of killing
                    • Likely D suffered LOC from things said/done
                      • up to and including the fatal blow
                        • Longer the delay, less likely to have lost control at time of killing
                          • Evidence of previous violence to D by V
                            • Can use
                          • Can't use
                          • Thornton
                      • Can't use
                      • Thornton
                  • Can use
              • Self inflicted triggers
                • D's actions were intended to give him an excuse
                  • lose control
                  • use violence
                  • Can't use
                • Dawes
              • Circumstance
                • Age & Sex  relevant
                • Would RM have to use normal
                  • tolerance
                    • in same situation
                      • AG Jersey v Holley
                        • Can use
                  • self restraint
                    • in same situation
                      • AG Jersey v Holley
                        • Can use
                • Taunted about RMC
                  • Morhall
                    • Can use
                • Intoxicated when lost control
                  • Asmelash
                    • Can't use
                • Long history of violent abuse / attention seeking
                  • Sufficiently permanent
                  • Humphreys
                    • Sufficiently permanent
                    • Can use
                • Jury decide
                  • D exceptionally lost temper and killed
                    • because situation made very angry/scared
                      • Would jury act in similar way

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